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Keywords

migrant child labor, child labor, exploitation, labor laws, migrants

Abstract

Oppressive child labor in America is both an age-old problem and one that is relatively new. Part I presents the tumultuous history of child labor regulation in the United States—a history that provides clues as to why contemporary child labor laws fall far short of comprehensively addressing oppressive, migrant child labor. It then pivots to the contemporary child labor crisis by describing the new economy of exploitation and the unaccompanied migrant children upon which it relies. Part II sets forth the current U.S. legal landscape surrounding child labor laws, including these laws’ failure to protect migrant children. Next, Part II surveys the existing legal literature on the topic of child labor and evaluates the recommendations for reform set forth therein. It concludes that these proposals do not satisfactorily address the situation of migrant child workers, most of whom enter the United States alone in search of work, and in fact might worsen their predicament. Part III posits a new legal framework for understanding and

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